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(영문) 대전지방법원 서산지원 2017.12.27 2017고단905
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 21, 2017, at around 00:43 around 00:43, the Defendant: (a) taken a drinking test to verify whether a police box B of the police station B of the Chungcheongnam-nam Police Station, which belongs to the police station B, carries out a drinking test for the purpose of checking whether a person is driving alcohol at the front of 104 Dong-dong apartment 104; (b) taken a cell phone with a cell phone with no justifiable reason while under the influence of alcohol and taken the above drinking test site; and (c) taken the above drinking test site, the Defendant was “Ah and C, I are the police of the Republic of Korea.”

D. D. C. H. H. H. H. H. H. B. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. twice in drinking.

Accordingly, the Defendant interfered with police officers' legitimate execution of duties concerning the prevention, suppression and investigation of crimes and the prevention of traffic hazards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The notification of the department related to the report of the 112 case, a copy of the notification of the results of the drinking driving control, the service of the police box B, and the application of the statutes governing CDs for mobile phones

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the nature of the crime is not good as a case of using violence while breathing a police officer who is performing legitimate official duties for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, it appears to be a contingent crime under the influence of alcohol. The degree of violence is not severe, there is no criminal record or fine exceeding the same kind of crime or fine, reflects the fact, reflects the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., and all the sentencing factors specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as ordered.

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